The legal nature of the Red Book of Ukraine (in the context of the protec- tion of rare species of wild animals).
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue
Abstract
The article deals with national law and theoretical developments that define the legal nature of the Red Book of Ukraine at the current stage. The analysis of the Red Book of Ukraine as an official state document is carried out with distinguishing its inherent character- istics and features, namely the following: 1) the Red Book of Ukraine has the material form (medium): paper and electronic medium, but the peculiarity of its paper form is the book for- mat of the document; 2) the Red book of Ukraine contains information created by the state governing bodies and/or the one that is in the possession, use or disposal of the authorised state governing bodies, but its specifics are the following: a) placing in the book a fairly large amount of official state information (latest third edition of the “Animal World” volume (2009) consists of 600 pages), b) combining different types of information in the document (admin- istrative, legal, environmental, statistical etc.); c) open access to the information contained in the book; 3) each edition of the Red Book of Ukraine is a complete resolution of the special- ly authorised state governing bodies in a certain period, but the features of this document are: a) continuous work on it on a regular and systematic basis, the so-called “maintenance of the Red Book of Ukraine”; b) establishment in Ukraine “presumption of exclusivity” with respect to the objects of the animal world, which implies that any kind of wildlife is normal (so-called “non-rare”), until otherwise determined in the following edition of the Red Book of Ukraine; 2) the Red Book of Ukraine originates (is subject to establishment) primarily in the process of implementation by the state and its state authorities of their tasks and functions, but the fea- ture is that, in addition to mentioned state governing bodies other parties also participate in creation of the Red Book of Ukraine, namely: academic institutions, individual scientists, rep- resentatives of the interested public etc; 5) the Red Book of Ukraine shall be created, maintained, published at the expense of the State Budget of Ukraine; 6) the Red Book of Ukraine shall be published, disclosed and distributed by the competent state governing body – the Cabinet of Ministers of Ukraine at least once per 10 years; 7) the Red Book of Ukraine estab- lishes facts and contains other information of legal significance. The legal value of the Red Book of Ukraine is as follows: 1) it is the official state recog- nition of the problem of the disappearance or significant decrease of the number of species of wildlife on its territory and recognizing the need to address it, including through internation- al cooperation; 2) it is an official state document; 3) the provisions of the Red Book of Ukraine are applied not independently, but only in conjunction with other legal provisions; 4) it is the document, which at the state level determines which species of wildlife are rare and endan- gered and that require special protection in Ukraine; 5) it is the basis for the development and implementation of state programs (action plans) for the protection of wildlife; 6) it is manda- tory for consideration in the development of regulations, distribution of productive forces, resolving the issue of land allocation, development of project and project planning documen- tation, conducting environmental impact assessments; 7) it establishes restrictions on the use of specific types of wildlife included to it; 8) it stimulates at the state level taking a number of actions and approval of the necessary decisions on the protection of species of wildlife includ- ed thereto; 9) it is a part of the state financial relations (generates financing at the expense of the State Budget of Ukraine); 10) it contributes to the protection of wildlife species, not only within the country, but also at the international level; it is the basis, the object of internation- al relations, programs and financing; 11) it is the basis for establishing by the state of new offenses and legal responsibility, including the enhanced.
Authors and Affiliations
Ganna Levina
Keywords
Related Articles
- EP ID EP447471
- DOI -
- Views 108
- Downloads 0
Legislative regulation of the treatment arms regime in Ukraine in the light of support right to defend itself
The article substantiates that the right to self-defense as natural rights recognized and enshrined in international instruments, based on the norms of the Constitution of Ukraine, as well as regulated in the criminal an...
The Code of laws of the Russian Empire – a memorial of juridical thought of XIX century
This article is devoted to the unique systematization of legislation – the Laws of the Russian Empire. The basic reasons for the establishment of the Code have been analyzed. It was a collection of the current legislativ...
ХХХІІІ International Historical and Legal Conference "Human Rights and Fundamental Freedoms: History and Development of Prospects" (to the 800th anniversary of the Grand Charter of Freedom)
ХХХІІІ International Historical and Legal Conference "Human Rights and Fundamental Freedoms: History and Development of Prospects" (to the 800th anniversary of the Grand Charter of Freedom)
Anniversary of Natalia Nikolayevna Onishchenko
Anniversary of Natalia Nikolayevna Onishchenko
Hate speech: Theoretical and legal analysis of the concept
The article deals with the problems of unambiguous definition of the concept of “hate speech”, which is quite new in legal discourse. Studying the criteria for recognizing this phe- nomenon, there is an existing problem...